Leaving US after marriage

[Rebecca3 0]

Will be filling out a K-1 visa for a summer 2015 wedding. My fiancee cannot afford to remain in the U.S. after the wedding and will be leaving for Europe for a year to work. After we marry, I will begin filling out the other forms I-130? so he can return and work in the U.S. Does he need to fill out some kind of travel form because he will leave the U.S. after the wedding? Thank you.

[Transborderwife 4,666]

If you're going the k-1 route he cannot leave the country without his greencard in hand or advanced parole without risk of not being let back in. This could take months. If you are going to go this route id suggest he visit, you marry and he returns home while you file a cr-1

Edited November 17, 2014 by Transborderwife

[JohnR! 5,495]

If he won't be able to stay in the US after the wedding then I'd say don't bother with the K-1. Get married while he is here on a visa our VWP and wait to file for CR/IR once he is ready to return to the US for good to reside. If you file for K-1 and he leaves after the wedding, you will have to start the process all over again for a CR/IR visa anyway.

[Boiler 43,430]

K1 not needed. VWP is fine.

[MmmBlondie 8]

If he leaves after marriage but before AOS it could be seen as abandonment and he may not be be allowed back in the country or at the very least it would take longer. Have him visit on the VWP, get married, let him leave for work and file for a CR-1 spousal visa. They take a bit longer than a K1 so by the time he's done he should have his visa and ready to come back to the US permanently.

[Penguin_ie 5,985]

I agree with Boiler- if the fiance is just coming for a few weeks for the wedding and meeting the family, it would be easier and cheaper to come on the Visa Waiver Program, get married and leave. That is perfectly legal, as long as he leaves within the 90 days given on that.

[Rebecca3 0]

Thank you for all the answers. What is the Visa Waiver Program and how does one get that?

[Penguin_ie 5,985]

If your fiance is a citizen of France with a French passport, he does not need a tourist visa to visit the USA. He can travel over to visit you and get married (but CANNOT live there or work) for a maximum of 90 days just on his passport, all he needs is ESTA, an electronic form: https://esta.cbp.dhs.gov/esta/

[Adrian-Gloria 43]

I agree with Boiler- if the fiance is just coming for a few weeks for the wedding and meeting the family, it would be easier and cheaper to come on the Visa Waiver Program, get married and leave. That is perfectly legal, as long as he leaves within the 90 days given on that.

I agree 100% .

[baron555 934]

Will be filling out a K-1 visa for a summer 2015 wedding. My fiancee cannot afford to remain in the U.S. after the wedding and will be leaving for Europe for a year to work.

Then the K-1 is not for you. The beneficiary needs to maintain a presence within the US and leaving after the wedding doesn't cut it.

Come over on VWP, get married and they leave within the prescribed time.

After we marry, I will begin filling out the other forms I-130? so he can return and work in the U.S.

That's the CR-1 Spousal Visa. Read those Guides.

Does he need to fill out some kind of travel form because he will leave the U.S. after the wedding?

No, nothing ever needed to leave.